Stepping onto a broken stair in your New York apartment building can lead to severe injuries, medical bills, and lost wages. Understanding your rights and knowing what steps to take after a broken staircase injury in New York can help you pursue compensation.
A premises liability lawsuit may be your path to justice when negligent property maintenance causes your injuries. Consulting a premises liability accident lawyer in New York may help you understand your legal options and rights after such an accident.
In this guide, we will explain the premises liability lawsuit process and what you need to do to protect your rights after a staircase accident.
How Common Are Staircase Falls?
Falls are the second-leading cause of death across the world. About one in four older adults report a fall every year, equating to approximately 14 million in the U.S.
Falls are especially common in New York, given our high city skyline and steep staircases. In a questionnaire from the New York City Department of Health and Mental Hygiene, 38% of adult New Yorkers reported climbing between zero to two flights on an average weekday, 29% reported that they climb between three and five, and 33% reported climbing six or more.
Common Causes of Broken Staircase Accidents
An apartment building fall accident in New York can happen from common hazards such as wet floors, poor lighting, or broken stairs. Heavy foot traffic, aging infrastructure, and harsh weather can create dangerous staircase conditions when proper maintenance is neglected.
Recognizing common hazards in apartment buildings can help you determine whether you may have grounds for a premises liability lawsuit. Examples include:
- Broken or uneven steps that create tripping hazards
- Poor lighting that obscures dangerous conditions
- Missing or defective handrails
- Wet or slippery stair surfaces
- Accumulated debris or objects blocking safe passage
Immediate Steps To Take After Your Staircase Accident
Taking the right actions immediately after your apartment building fall accident in New York can strengthen your potential legal case and protect your health. Your first priority should always be seeking medical attention, even if your injuries seem minor at first. Many serious injuries, including concussions and internal bleeding, may not show symptoms right away.
Here are the basic steps to take after a staircase accident:
- Seek immediate medical attention: Call 911 or go to the emergency room, even if you feel okay initially. If you are seriously injured or cannot move safely, call emergency services right away for professional help.
- Report the accident to your landlord or property manager: Notify the building owner, landlord, or property manager about the accident as soon as possible. Ask for a written copy of any report created by management to document the event officially.
- Take photos and videos of the scene: Use your phone to photograph the stairs, handrails, lighting, and anything else that may have contributed to your fall.
- Collect contact information from witnesses: If anyone saw your fall, ask for their names and phone numbers in case their statements are needed later.
- Document your injuries and symptoms: Keep a written or digital record of all injuries, pain levels, and changes in your condition over time.
- Preserve physical evidence (clothing, shoes, etc.): Keep the clothes and shoes you were wearing during the fall, especially if they show signs of the incident (like blood or scuffs).
- Avoid giving recorded statements without legal advice: Politely decline to give recorded statements to insurance companies or property managers before speaking to an attorney.
- Contact an experienced personal injury attorney: Reach out to a lawyer as soon as you’re able so they can advise you, preserve evidence, and start building your case.
Understanding Premises Liability Law and Claims in NYC
According to premises liability law, property owners in New York have a legal duty to maintain their buildings in reasonably safe condition, including all staircases and stairwells. When they breach this duty and someone is injured, they may be held liable through a premises liability claim in NYC.
If a property owner knew or should have known about the dangerous condition that caused your fall, they may be held responsible. Legal professionals can establish this negligence through maintenance records, previous complaints from tenants, building code violations, or evidence that the hazardous condition existed for a sufficient period that reasonable inspection would have discovered it.
Premises liability lawsuits typically require evidence to establish how negligent conditions, such as worn steps, inadequate lighting, or missing handrails, created an unreasonably dangerous situation that led to your fall.
Identifying all potentially responsible parties is also critical for maximizing your staircase accident compensation in New York. While landlords typically bear primary responsibility for maintaining safe premises, other parties may also share liability depending on the circumstances.
Building Code Violations and Your Case
New York City building codes establish strict safety standards for apartment staircases that property owners should follow. Code violations can provide strong evidence in your premises liability lawsuit. Building inspectors document violations, creating public records that prove the property owner’s knowledge of dangerous conditions.
These codes require precise specifications for step dimensions, handrail installation, and adequate lighting throughout stairwells. Your attorney may be able to leverage any previously documented violations to demonstrate the property owner’s failure to maintain safe conditions.
The Legal Process and Timeline
New York law gives you three years from the date of your accident to file a premises liability lawsuit, but waiting too long can affect your case. Evidence may disappear, witnesses may forget details, and property owners may make repairs that eliminate proof of the dangerous condition. Working with an experienced premises liability law firm can help ensure that crucial deadlines are met and evidence is preserved correctly.
Are You Looking for a Premises Liability Attorney?
A premises liability lawsuit provides your pathway to pursue compensation after suffering injuries in a broken staircase accident. Ross & Hill Personal Injury Lawyers understand the physical, emotional, and financial challenges you face after a serious fall, and we’re committed to holding negligent property owners accountable for their actions. Our experienced legal team knows how to investigate these complex cases and build strong arguments that protect your rights.
Learn more about broken sidewalk injury liability in our guide. Contact Ross & Hill Personal Injury Lawyers today at (646) 351-6222 for a free consultation about your premises liability lawsuit in New York.
FAQs
The following questions address common concerns about premises liability lawsuits after staircase accidents in New York apartment buildings.
What Should a Premises Liability Accident Lawyer in New York Do for My Case?
A qualified lawyer will investigate your accident thoroughly, gather evidence, and handle all communications with insurance companies.
How Long Do I Have to File a Lawsuit?
You have three years from the accident date to file a premises liability lawsuit in New York. However, if the accident occurred on government property, you may have as little as 90 days to file a notice of claim.
Can I Sue If I Was Visiting Someone in the Building?
Yes, property owners owe a duty of care to all lawful visitors, including guests of tenants. You have the same rights as a tenant to sue for injuries caused by dangerous staircase conditions.
What If the Landlord Fixes the Staircase After My Accident?
If the landlord fixes the staircase after your accident, this does not immediately erase their liability. Your premises liability lawsuit may rely on photographs, witness testimony, and analysis to prove that the dangerous condition existed at the time of your fall.
